CHAPTER 137

AN ACT TO AUTHORIZE THE ESTABLISHMENT OF AN EMERGENCY SEAT OF GOVERNMENT FOR THE STATE AND TO AUTHORIZE THE EXERCISE OF GOVERNMENTAL POWERS AND FUNCTIONS THEREAT DURING PERIODS OF EMERGENCY AND TO AUTHORIZE POLITICAL SUBDIVISIONS OF THE STATE TO ESTABLISH LOCATIONS FOR THEIR SEAT OF GOVERNMENT AND TO EXERCISE GOVERNMENTAL POWERS AND FUNCTIONS THEREAT.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 29, Delaware Code is amended by adding thereto a new part VII as follows:

PART VII. CONTINUITY OF GOVERNMENT

CHAPTER 77. EMERGENCY LOCATION OF GOVERNMENT

SUBCHAPTER I. STATE GOVERNMENT

§ 7701. Proclamation of emergency, location of government

Whenever, due to an emergency resulting from the effects of enemy attack, or the anticipated effects of a threatened enemy attack, it becomes imprudent, inexpedient or impossible to conduct the affairs of state government at the normal location of the seat thereof in Dover, the Governor shall, as often as the exigencies of the situation require, by proclamation, declare an emergency temporary location, or locations, for the seat of government at such place, or places, within or without this State as he may deem advisable under the circumstances, and shall take such action and issue such orders as may be necessary for an orderly transition of the affairs of state government to such emergency temporary location, or locations. Such emergency temporary location, or locations, shall remain as the seat of government until the General Assembly shall by law establish a new location, or locations, or until the emergency is declared to be ended by the Governor and the seat of government is returned to its normal location.

§ 7702. Legality of acts

During such time as the seat of government remains at such emergency temporary location, or locations, all official acts now or hereafter required by law to be performed at the seat of government by any officer, agency, department or authority of this State, including the convening and meeting of the General Assembly in regular, extraordinary, or emergency session, shall be as valid and binding when performed at such emergency temporary location, or locations, as if performed at the normal location of the seat of government.

§ 7703. Conflict with other laws

The provisions of this subchapter shall control and be supreme in the event it shall be employed as herein provided notwithstanding the provisions of any other law to the contrary or in conflict herewith.

SUBCHAPTER II. POLITICAL SUBDIVISION

OF THE STATE

§ 7721. Purpose; establishment of new location

Whenever, due to an emergency resulting from the effects of enemy attack, or the anticipated effects of a threatened enemy attack, it becomes imprudent, inexpedient or impossible to conduct the affairs of local government at the regular or usual place or places thereof, the governing body of each political subdivision of this State may meet at any place within or without the territorial limits of such political subdivision on the call of the presiding officer or any two members of such governing body, and shall proceed to establish and designate by ordinance, resolution or other manner, alternate or substitute sites or places as the emergency temporary location, or locations, of government where all, or any part, of the public business may be transacted and conducted during the emergency. Such sites or places may be within or without the territorial limits of such political subdivisions and may be within or without this State.

§ 7722. Legality of acts

During the period when the public business is being conducted at the emergency temporary location, or locations, the governing body and other officers of a political subdivision of this State shall have and possess and shall exercise, at such location, or locations, all of the executive, legislative and judicial powers and functions conferred upon such body and officers by or under the laws of this State. Such powers and functions may be exercised in the light of the exigencies of the emergency situation without regard to or compliance with time consuming procedures and formalities ordinarily prescribed by law and pertaining thereto, and all acts of such body and officers shall be as valid and binding as if performed within the territorial limits of their political subdivision.

§ 7723. Conflict with other laws

The provisions of this subchapter shall control and be supreme in the event it shall be employed as herein provided notwithstanding any statutory, charter or ordinance provision to the contrary or in conflict herewith.

Approved July 10, 1961.